Secondary Considerations Unsuccessful Once Again, PTAB Litigation Blog
As reported in our February 1, 2017 post, patent owners have had a difficult time convincing the PTAB that secondary considerations are sufficient to overcome a prima facie case of obviousness. The Crown Packaging decision, highlighted in that post, provides a roadmap for patent owners to follow when relying on secondary considerations to save their patent claims. More recently, however, the Federal Circuit affirmed yet another PTAB decision finding insufficient a patent owner’s evidence of secondary considerations. In re: Depomed, Appeal No. 2016-1378 (Feb. 21, 2017) (non-precedential).
Read the full article at ptablitigation.com.